In the United States, many immigrant families live with a big question: Does having children born here protect parents from deportation?
Although it is a common belief, the answer is not so simple. Having citizen children does not guarantee you automatic protection from immigration laws, much less in the current climate under President Donald Trump’s administration, where new, stricter measures are being implemented.
What does the law say?
Under current law, children born in the U.S. are citizens by constitutional right (14th Amendment).
However, this does not grant any immigration status to their parents if they are undocumented.
In other words: yes, you can be deported even if you have citizen children.
Immigration courts review each case individually, but being a parent of a U.S. citizen does not automatically preclude a deportation order.
When can having citizen children have an impact?
In some cases, having citizen children can help stop a deportation, but only if certain very specific requirements are met:
That the children will suffer “extreme hardship” if the parent is deported.
The immigrant must have lived in the U.S. for at least 10 years, be of good moral character and have no criminal record.
A formal application for cancellation of removal is filed with an immigration judge.
These cases are not automatic and must be evaluated by a court.
What is happening in 2025?
Under the current Trump administration, detention and deportation procedures have been tightened, including for parents with citizen children.
Organizations such as the ACLU, NILC and RAICES have documented multiple recent cases in which mothers and fathers were deported despite having U.S. children.
In addition, in 2025, the government has eliminated discretionary protections used in previous administrations to prevent family separations.
Now, the priority is law enforcement, even if there are minor citizens involved.
What can I do if I am in this situation?
Buzzy
Consult with an accredited immigration attorney, not not notaries or unauthorized persons.
Keep copies of all important documents and medical or school records for your children.
Prepare a family emergency plan in case you face unexpected detention.
Connect with trusted organizations that provide legal and community support.
Having citizen children is important, but it is not automatic legal protection.
In today’s immigration climate, the right information can make the difference between an opportunity and an unjust separation.
Under the Trump administration, law enforcement is the priority, even if minors are involved
QueOnnda.com
